[Rule 76 Rajasthan Minor Mineral Concession Rules] NOC Not Needed By Beneficiary Of Will To Mutate Lease In Their Name: High Court

Rajasthan high Court has ruled that Rule 76 of the Rajasthan Minor Mineral Concession Rules, 2017 (“the Rules”) applies only when the lease holder dies intestate, without any will.

Rule 76 of the Rules provides for the procedure of mutation of the mineral license to be executed in the name of the legal heirs when the license holder dies during the subsistence of the license period.

The bench of Justice Dinesh Mehta was hearing a petition filed by a son against the potential action of the government to mutate the mining lease of his deceased father in the name of his mother.

It was submitted by the counsel of the petitioner that the son was operating the mine in question in light of being the power of attorney holder of his deceased father. Hence, as per Rule 76, the government could not mutate the mining lease in the name of the petitioner's mother without obtaining a Non-objection certificate (“NOC”) from him.

Opposing these argument, the counsel for the mother-respondent argued that she being the legally wedded wife of the lease holder had a registered will in her favour and hence the question of obtaining NOC from the petitioner did not arise.

The Court aligned with the arguments put forth by the respondent and opined that Rule 76 operated in a situation where the lease holder died without any will. In case of a will, the property transmitted to the beneficiary as per law and in such a case, the beneficiary of the mining lease was not required to submit an NOC to mutate the lease in his/her name.

“When a person executes a will, the property transmits to the beneficiary by operation of law. And when the beneficiary claims mutation in his/ her name on the basis of will, requirement of 'NOC' does not arise. This Court is firmly of the view that NOC or affidavit or consent of the petitioner is not required, for the purpose of mutating the land in the name of beneficiary of the will.”

The Court however took account of challenge to the will by the son pending in the civil court and held that if the will was found to be illegal by the civil court then the government shall proceed in terms of the decree passed by the civil court.

Accordingly, the petition was dismissed.

Title: Jagdish Choudhary v the State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 228

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